Kamlesh Kumar Singh @ Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45140 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Kamlesh Kumar Singh @ Kamlesh Singh Son Of Late Aklu Sinha @ Aklu Singh Resident Of Village- Rasalpur, Ps- Mufassil, Distt- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467 and 468/34 of the Indian Penal Code pending in the learned court below.

3. The allegation against the petitioner is that he along with other co-accused persons has conspired together and deceived Rs.22,00,000/-(approx) form the informant and sold land to him which does not belong to him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is a gap of 4 years in the execution of registered sale deed and filing of the FIR and that the same has not been explained rather in collusion with the

Patna High Court CR. MISC. No.45140 of 2023(2) dt.28-08-2023 2/2 local police the FIR has been registered. He submits that there is no specific overt act against the petitioner. He further submits that the petitioner is only witness of the sale deed. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kotwali P.S. Case No.454/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T